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PHŒNIX MUT. LIFE INS. CO. v. CITY OF McALLEN, TEX.

No. 7865.

82 F.2d 581 (1936)

PHŒNIX MUT. LIFE INS. CO. v. CITY OF McALLEN, TEX.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 16, 1936.

Attorney(s) appearing for the Case

J. F. Whitelaw, of Brownsville, Tex., and Mack L. Vickrey, of Dallas, Tex., for appellant.

R. M. Bounds and W. B. Spell, both of McAllen, Tex., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was for debt and foreclosure against the makers of negotiable promissory vendor's lien notes, and others. It included the city of McAllen, which had assumed part of them. Some of the defendants holding notes the city had executed, by cross-action sued to obtain judgment and foreclosure.

The city answered, admitting that the notes sued on constituted a first and prior lien on the property; that the notes executed by the city...

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